Fenech & Fenech Advocates (Valletta)

Fenech & Fenech Advocates, founded in 1891, is one of the leading law firms in Malta. The firm has evolved to a full-service firm which is today a recognised leader in a number of areas including Shipping and Maritime Law, International Trade, Tax, Financial Services and TMT Law.

Bulletin

European Union

Thomas Bugeja The EU Commission announces State aid measures and amendments to airport slots regulations in the context of the Covid-19 pandemic

16 December 2020 58

A series of emergency measures were announced by the European Commission (“EC”) in coordination with the European Parliament, Council and the European Central Bank to cater for the Covid-19 pandemic, particularly (i) the shock resulting from China’s initial economic contraction in Q1 2020 (ii) (...)

Maria DeBono The EU Commission’s new FDI regulation becomes directly applicable in Malta

11 October 2020 71

The global nature of many corporate transactions involving subsidiaries and affiliates located all around the world has spurred the need for the enactment of Regulation (EU) 2019/452 (the “Regulation”). Foreign direct investment controls vary in different countries across the globe but prior (...)

Maria DeBono The European Competition Network publishes a joint statement in light of the COVID-19 pandemic

23 March 2020 71

As the coronavirus pandemic continues to dominate, businesses and regulators alike will continue to develop measures in response to combat this faceless menace which has waged war on society as we know it. The economy is undoubtedly taking a hit and the EU is identifying measures to cushion (...)

Thomas Bugeja, Maria DeBono The EU Court of Justice issues judgment on the enforcement of EU State aid laws in national courts in the event of inconsistencies with domestic Member State law (Costa / Enel)

15 July 1964 75

The landmark judgment of the European Court of Justice (the “ECJ”) in the names Flaminio Costa v. ENEL (Case 6/64) delivered on the 15th of July 1964, was the result of a preliminary reference made by the Giudice Conciliatore di Milano, Italy (the “Milan Court”) to the ECJ on the (...)

Malta

Thomas Bugeja The Maltese Competition Authority gives unconditional green light in Phase II to proposed supermarket joint venture since the notifying parties do not exceed 25% market share (Retail Marketing / Co-op Trading / Polrem / S. Borg & Sons / Tower Supermarkets Complex / Valyou Pendergardens Operations / Belleview Supermarkets / Valyou Supermarket)

5 June 2020 62

In a first for the Office for Competition within the MCCAA (“OfC”), a Phase II decision was issued by the Maltese Competition Authority on the 5th June 2020 giving the green light to a proposed Joint Venture (“JV”) between Retail Marketing Limited, Co-op Trading Company Limited, Polrem (...)

Thomas Bugeja The Maltese Government reiterates and confirms the fundamental non-discrimination and equivalence rule which applies to the technical specifications of tenders issued by Contracting Authorities (Vodafone Malta / Valletta Local Council)

14 November 2019 63

In a recent decision, the Public Contracts Review Board (“PCRB”) has reiterated and confirmed the fundamental non-discrimination and equivalence rule which applies to the technical specifications of tenders issued by Contracting Authorities. In PCRB case 1382 of 2019, Vodafone Malta Limited (...)

Thomas Bugeja The Maltese Government approves amendments of the Competition Act

31 May 2019 53

I. Background Following the landmark constitutional judgements in the case of Federation of Estate Agents vs the Director General et, whereby the Constitutional Court decided that it was not constitutionally permissible for an Authority such as the Office for Competition (“OFC”) to impose (...)